The court allowed an application seeking restoration of a dismissed Civil Writ Petition. It held that sufficient cause was shown for non-prosecution and ordered the original dismissal order set aside.
Instant application is allowed; order of dismissal dated 02/09/09 stands re-called; CWP-3464/08 restored to its original number.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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In the High Court of Judicature for Rajasthan Jaipur Bench **
Restoration Application No.808/2009 in Civil Writ Petition No.3464/2008 Shri Parmanand Versus State & Ors.
Date of Order ::: 04/11/09
Hon'ble Mr. Justice Ajay Rastogi
Mr. Tanveer Ahmed, for applicant
Writ petition was dismissed vide order
dt.02/09/09 for non-prosecution since requisite
PF & notices alongwith paper book were not
filed despite peremptory order dt.29/07/09 –
against which instant application seeking
restoration.
This Court has gone through the
reasons assigned in the application which is
duly supported by affidavit and sufficient
cause has been shown for non-prosecution.
Consequently, restoration application
is allowed. Order of dismissal dt.02/09/09
stands re-called. CWP-3464/08 be restored to
its original number. Office to proceed.
( Ajay Rastogi), J.
K.Khatri/p1/
808RstorAppl09Nov4.doc
2 issues framed by the court
Whether an order dismissing a writ petition can be set aside and the petition restored due to sufficient cause shown for non-prosecution.
Whether 'sufficient cause' exists for restoring a dismissed application after failure to file requisite documents.
Shri Parmanand
State & Ors.
Ajay Rastogi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court